ISMAIL
Sethu Ramalinga Menattarayar – Appellant
Versus
Veeraswami Chettiar – Respondent
JUDGMENT :- The first defendant in O. S. No. 291 of 1964 on the file of the District Munsif Court of Thanjavur is the appellant before this Court. The appellant is the father and the 3rd respondent is the son and they constitute a Hindu undivided family. The 3rd respondent on 18-9-1947 sold a particular item of property belonging to the joint family to the first respondent herein, and that the sale deed has been marked as Ex. A.2 in the case. The first respondent, in turn, sold the property to the second respondent by a document dated 6-8-1959, marked as Ex. A-1, in this case. As a result of these transactions the second respondent came into possession of the property.
Thereafter the appellant filed O. S. 256 of 1959 on the file of the Court of the District Munsif, Thanjavur, for recovery of possession of the property contending that the sale deed dated 18-9-1947 in favour of the first respondent herein was not binding on him, that he was himself the manager of the family and that the third respondent had no right to alienate the property. The suit itself had a chequered career and ultimately came to be disposed of by the learned District Judge, West Thanjavur on 30-3-1964
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